Getting your paycheck on time is your legal right. If your employer is consistently paying you late, or has missed a paycheck entirely, an Orange county wage and hour attorney can help you take these steps to protect yourself. Schedule your free consultation today.
Steps to Take If You’re Paid Late
- Document everything.
Keep a record of your pay schedule, hours worked, and when you actually received each paycheck. Note any bounced checks or short payments.
- Ask your employer about the delay.
Sometimes the issue is a clerical or banking error. Politely request an explanation in writing and ask when you can expect payment.
- Keep track of communication.
Save all emails, text messages, or written notices related to the delayed payment. This documentation will be useful if you need to file a claim later.
- File a claim with the California Labor Commissioner.
If your employer does not correct the issue promptly, you can file a wage claim with the Division of Labor Standards Enforcement (DLSE). The DLSE investigates complaints and can order your employer to pay wages and penalties.
- Know your rights if you leave the job.
If your employer still owes you money when you quit or are terminated, you may be entitled to waiting time penalties in addition to your unpaid wages.
Have you been wrongfully terminated and not paid for the hours you worked? Contact our Orange County wrongful termination lawyers today to pursue the compensation you deserve.
What Counts as Being Paid Late in California
You are considered “paid late” any time your wages are not available to you on your scheduled payday. That includes:
- Receiving your paycheck after the required date.
- Getting a paycheck that bounces or cannot be cashed due to insufficient funds.
- Being shorted on pay, with the balance delayed until a later date.
- Not receiving your final paycheck after leaving a job within the legally required time frame.
Even a single instance of late payment is a violation, but repeated delays may suggest a larger problem such as mismanagement, payroll errors, or intentional wage theft.
Final Paycheck Deadlines
When employment ends, California law sets very clear deadlines for final pay:
- If you are fired or laid off, all wages must be paid immediately at the time of termination.
- If you quit with at least 72 hours’ notice, your final paycheck must be ready on your last day.
- If you quit without notice, you must be paid within 72 hours of leaving.
Under Labor Code §203, employers who fail to pay final wages on time can owe “waiting time penalties.” These penalties equal one day’s wages for each day payment is late, up to a maximum of 30 days.
California Laws on Timely Pay
California has some of the strictest wage payment laws in the country. The timing of your paycheck depends on whether you are classified as an hourly (non-exempt) employee or a salaried (exempt) employee.
For hourly employees:
- Wages earned between the 1st and 15th of the month must be paid no later than the 10th of the following month.
- Wages earned between the 16th and the end of the month must be paid no later than the 26th of the following month.
- Employers must pay at least twice each month on designated paydays.
For salaried employees:
- Wages must be paid at least once a month, typically by the 26th day of that month.
These rules are set out under California Labor Code §204. Employers who miss these deadlines are violating the law—even if the delay is only a few days.
Penalties for Late Payments
Employers who pay late can face significant financial penalties under Labor Code §210 and §203. These can include:
- A civil penalty for each late payment period.
- Payment of waiting time penalties for delayed final paychecks.
- Reimbursement for legal costs and interest on unpaid wages.
These penalties exist to ensure that employees are not left waiting for income they depend on to pay rent, bills, and living expenses. If your employer has failed to pay you on time or in full, an experienced Orange County wage and hour lawyer at Aegis Law Firm can help you recover compensation you’re owed. Schedule your free consultation today.
